| 1 | 1 | | 85R120 MTB-F |
|---|
| 2 | 2 | | By: Schwertner S.B. No. 254 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to requiring state contractors to participate in the |
|---|
| 8 | 8 | | federal electronic verification of employment authorization |
|---|
| 9 | 9 | | program, or E-verify. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. The heading to Chapter 2264, Government Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC |
|---|
| 14 | 14 | | SUBSIDIES AND STATE CONTRACTS |
|---|
| 15 | 15 | | SECTION 2. Section 2264.101, Government Code, is |
|---|
| 16 | 16 | | transferred to Subchapter B, Chapter 2264, Government Code, |
|---|
| 17 | 17 | | redesignated as Section 2264.054, Government Code, and amended to |
|---|
| 18 | 18 | | read as follows: |
|---|
| 19 | 19 | | Sec. 2264.054 [2264.101]. RECOVERY. (a) A public |
|---|
| 20 | 20 | | agency, local taxing jurisdiction, or economic development |
|---|
| 21 | 21 | | corporation, or the attorney general on behalf of the state or a |
|---|
| 22 | 22 | | state agency, may bring a civil action to recover any amounts owed |
|---|
| 23 | 23 | | to the public agency, state or local taxing jurisdiction, or |
|---|
| 24 | 24 | | economic development corporation under this subchapter [chapter]. |
|---|
| 25 | 25 | | (b) The public agency, local taxing jurisdiction, economic |
|---|
| 26 | 26 | | development corporation, or attorney general, as applicable, shall |
|---|
| 27 | 27 | | recover court costs and reasonable attorney's fees incurred in an |
|---|
| 28 | 28 | | action brought under Subsection (a). |
|---|
| 29 | 29 | | (c) A business is not liable for a violation of this |
|---|
| 30 | 30 | | subchapter [chapter] by a subsidiary, affiliate, or franchisee of |
|---|
| 31 | 31 | | the business, or by a person with whom the business contracts. |
|---|
| 32 | 32 | | SECTION 3. The heading to Subchapter C, Chapter 2264, |
|---|
| 33 | 33 | | Government Code, is amended to read as follows: |
|---|
| 34 | 34 | | SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT] |
|---|
| 35 | 35 | | SECTION 4. Subchapter C, Chapter 2264, Government Code, is |
|---|
| 36 | 36 | | amended by adding Sections 2264.1011, 2264.102, and 2264.103 to |
|---|
| 37 | 37 | | read as follows: |
|---|
| 38 | 38 | | Sec. 2264.1011. DEFINITIONS. In this subchapter: |
|---|
| 39 | 39 | | (1) "E-verify program" has the meaning assigned by |
|---|
| 40 | 40 | | Section 673.001. |
|---|
| 41 | 41 | | (2) "State agency" has the meaning assigned by Section |
|---|
| 42 | 42 | | 2103.001. |
|---|
| 43 | 43 | | Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state |
|---|
| 44 | 44 | | agency may not award a contract for goods or services within this |
|---|
| 45 | 45 | | state to a contractor unless the contractor registers with and |
|---|
| 46 | 46 | | participates in the E-verify program to verify employee |
|---|
| 47 | 47 | | information. The contractor must continue to participate in the |
|---|
| 48 | 48 | | program during the term of the contract. |
|---|
| 49 | 49 | | (b) Each contract with a state agency must include the |
|---|
| 50 | 50 | | following statement: |
|---|
| 51 | 51 | | "______________ (name of contractor) certifies that |
|---|
| 52 | 52 | | __________ (name of contractor) is not ineligible to receive this |
|---|
| 53 | 53 | | contract under Subchapter C, Chapter 2264, Government Code, and |
|---|
| 54 | 54 | | acknowledges that if this certification is inaccurate or becomes |
|---|
| 55 | 55 | | inaccurate during the term of the contract, the contractor may be |
|---|
| 56 | 56 | | barred from participating in state contracts." |
|---|
| 57 | 57 | | (c) If a state agency determines that a contractor was |
|---|
| 58 | 58 | | ineligible to have the contract awarded under Subsection (a) or |
|---|
| 59 | 59 | | that a contractor has ceased participation in the E-verify program |
|---|
| 60 | 60 | | during the term of the contract, the state agency shall refer the |
|---|
| 61 | 61 | | matter to the comptroller for action. |
|---|
| 62 | 62 | | (d) Each state agency shall develop procedures for the |
|---|
| 63 | 63 | | administration of this section. |
|---|
| 64 | 64 | | Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using |
|---|
| 65 | 65 | | procedures prescribed under Section 2155.077, the comptroller |
|---|
| 66 | 66 | | shall bar a contractor from participating in state contracts if the |
|---|
| 67 | 67 | | comptroller determines that the contractor: |
|---|
| 68 | 68 | | (1) was awarded a contract in violation of Section |
|---|
| 69 | 69 | | 2264.102; or |
|---|
| 70 | 70 | | (2) has ceased participation in the E-verify program |
|---|
| 71 | 71 | | during the term of the contract. |
|---|
| 72 | 72 | | (b) Debarment under this section is for a period of five |
|---|
| 73 | 73 | | years. |
|---|
| 74 | 74 | | (c) A contractor who registers with and participates in the |
|---|
| 75 | 75 | | E-verify program as provided by Section 2264.102 may not be barred |
|---|
| 76 | 76 | | under this section if, as a result of receiving inaccurate |
|---|
| 77 | 77 | | verification information from the E-verify program, the contractor |
|---|
| 78 | 78 | | hires or employs a person in violation of 8 U.S.C. Section 1324a. |
|---|
| 79 | 79 | | SECTION 5. Each state agency subject to Subchapter C, |
|---|
| 80 | 80 | | Chapter 2264, Government Code, as amended by this Act, shall |
|---|
| 81 | 81 | | develop the procedures required under Section 2264.102(d), |
|---|
| 82 | 82 | | Government Code, as added by this Act, not later than October 1, |
|---|
| 83 | 83 | | 2017. |
|---|
| 84 | 84 | | SECTION 6. Sections 2264.1011, 2264.102, and 2264.103, |
|---|
| 85 | 85 | | Government Code, as added by this Act, apply only in relation to a |
|---|
| 86 | 86 | | contract for which the request for bids or proposals or other |
|---|
| 87 | 87 | | applicable expression of interest is made public on or after the |
|---|
| 88 | 88 | | effective date of this Act. |
|---|
| 89 | 89 | | SECTION 7. This Act takes effect September 1, 2017. |
|---|